GANESH UIKEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 25.07.2020, in connection with Crime No.455/2020 registered at Police Station-Dunda Seoni District Seoni (M.P.) for the offence punishable under Sections 392 and 394 of IPC.

(2.) As per prosecution story, on 25.07.2020 present applicant-accused with other co-accused committed loot of Moto Cycle, one mobile and Rs. 1300/- from the complainant Ravindra Baghel.

(3.) Learned counsel for the applicant submits that applicant is in jail since 25.07.2020 . The accused/applicant is innocent and he has been falsely implicated in this case. It is alleged by the prosecution that during investigation Rs. 400/- was seized from the possession of the applicant-accused. No looted property was seized from his possession. No person identified the present applicant-accused, so there is no case is made out against the applicant-accused. There is no material available on record on which it can be said that applicant-accused committed offence or he participated in the offence. The accused/applicant has no previous criminal antecedent of the same nature. Applicant-accused is not named in the FIR. Charge-sheet has been filed. It is the time of COVID-19, due to which further proceedings in the trial Court is withheld so conclusion of trial will take time. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.